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Six defendants are sentenced

Published September 27. 2013 05:00PM

A Carbon County man was placed in the state's Intermediate Punishment Program (IPP) on Thursday while five other defendants who previously pleaded guilty were sentenced by Judge Joseph J. Matika.

Lansford incidents

Marco Baker, 27, of Lansford, was placed in the state program on a criminal conspiracy- burglary charge. He had previously admitted to his part in a break-in on Feb. 29 at 17 N. Walnut St., Lansford.

The state IPP is a special program with three phases for persons who need help with addiction problems. Baker had applied for the program, which is not automatically granted.

He will serve time in a state prison, then enter a state inpatient run drug and alcohol rehabilitation program, followed by a period of time in a pre-release program at a halfway house. The program runs for a total of two years. If Baker is released from the program early for a violation, he then would return to Carbon to be resentenced.

Baker was not in the county court for the proceeding. He appeared via a video conference from the state correctional institution at Camp Hill, Dauphin County, where he currently housed.

Baker had also pleaded guilty to receiving stolen property and possession of drug paraphernalia for an incident on June 2, 2012, along W. Bertsch St., Lansford, and to a charge of possession of a controlled substance for an incident on May 11, 2012, at Oak and Hazard sts., in Summit Hill.

On those counts he was placed on probation for a total of six months. He was also ordered to make restitution of $2,904.76 in the burglary case.

Other cases

Other defendants who appeared before Matika included:

George E. Kulkusky, 45, of Audenreid, was sentenced on charges of simple assault and possession of drug paraphernalia.

On the assault count he was sentenced to time served (33 days) to 18 months and on the possession count six months probation, concurrent with the drug count.

Kulkusky was arrested on May 17 at 120 Wilbur St., by Weatherly police who responded to a domestic incident. Kulkusky assaulted Tracy McAloose, his girlfriend, which required her going to a hospital for treatment. McAloose did not want to pursue the charges but the Commonwealth did. While being taken into custody illegal drugs were found.

McAloose was with Kulkusky yesterday and asked the court not impose a no contact provision so she and Kulkusky could continue their relationship.

Matika also ordered Kulkusky to render 75 hours of community service, get a drug and alcohol (D&A) evaluation and follow any recommendation for treatment, and zero tolerance imposed on D&A use.

Diane McFadden, 54, of Nesquehoning, who appeared to be sentenced on a charge of delivery of a controlled substance, also entered a "nolo contendere" plea (I do not contest) to a charge of hindering apprehension.

The new count stems from an incident in January. Her son, Sean McFadden, was furloughed from the county prison to enter the Salvation Army drug and alcohol inpatient program in Harrisburg. He was only in the program one day and was kicked out. His mother picked him up and brought him back to Nesquehoning. However, under the terms of his furlough, it was understood if he left the program for any reason he had to immediately return to the county prison. She did not return him to the prison and was charged.

On the delivery count Matika sentenced her to time served (22 days) to one year in jail. She will spent 120 days in the county's IPP with electronic monitoring and then the remainder under house arrest, zero tolerance imposed on D&A use, get a mental health evaluation, and supply and DNA sample.

On the hindering charge she was placed on probation for a year, consecutive to the drug count.

Joseph Robert McNelis, 45, of Beaver Meadows, was sentenced on a driving under the influence (DUI) charge. He was arrested on Nov. 11, 2012, by Nesquehoning police along SR93. Given a test, the result was .17BAC.

He was sentenced to serve 10 days in jail followed by five months and 20 days in the IPP. The first 50 days in IPP will include electronic monitoring. He was also ordered to pay a fine of $300, license suspended for a year, and zero tolerance was also imposed on D&A use.

He will begin the jail term at 9 a.m. on Oct. 7. The IPP will be supervised by Luzerne County.

David John Kiddish Jr., 20, of Weatherly, was sentenced on a DUI charge. He was arrested on March 23 along Stagecoach Road, in Lausanne Township, by state police at Hazleton, after being involved in an accident. Given a test, the result was .20BAC.

Matika sentenced him to serve 48 hours to six months in jail, a fine of $500, one year license suspension, zero tolerance on D&A use, and render 25 hours of community service.

The sentence runs consecutive to a DUI sentence he is currently serving in Luzerne County.

William Juliano, 34, of Coaldale, was sentenced on one count of persistent disorderly conduct. He was arrested for an incident on May 18, 2011, in the area of 27 W. Catawissa St., by Nesquehoning police following a disturbance.

He was placed on probation for a year and ordered to render 50 hours of community service, get both a D&A and mental health evaluations, and zero tolerance imposed on D&A use.

Pleads guilty

Chad Muniz, 37, of Nesquehoning, entered a guilty plea to one count of criminal attempt-retail theft. He was arrested by Mahoning Township police for an incident at the Wal-Mart store on Sept. 16, 2012, in which $57.12 worth of automobile merchandise was taken.

Muniz was placed on probation for six months and ordered to render 25 hours of community service when released from prison, make restitution of $57.12, and not enter onto the Wal-Mart property in the township.

Muniz is currently in the county prison on a probation violation and is waiting disposition of the case.

Each defendant sentenced must also pay court costs, which average close to $1,000, and pay a $50 per month supervision fee while on probation or parole.

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